PEOPLE VS GENOSA

GR. 135981

Facts: The victim, Ben Genosa was killed by his wife, Marivic Genosa, the appellant. The accused
admitted of killing his husband using a gun. The appellant pleas for acquittal on the basis that she
has the “Battered Woman Syndrome” (BWS) which constitutes her self-defense. However, the
Regional Trial Court ruled that the appellant is guilty beyond reasonable doubt of parricide since
the accused has “intent to kill, with treachery and evident premeditation, did then and there
willfully, unlawfully and feloniously attack and assault, hit and wound one BEN GENOSA” and
was sentenced with the penalty of death.
On automatic review by the Supreme Court, the appellant filed an Urgent Omnibus Motion
praying that the honorable court allow the examination of the appellant by qualified psychologists
and psychiatrist to determine her state of mind at the time she killed her husband.

Issues:
1. Whether or not the appellant acted in self-defense and may completely be exonerated
from the crime of killing her husband.
2. Whether or not treachery attended for the killing of Ben Genosa.

Ruling: 1. The Supreme Court ruled that she is not entitled to complete exoneration since there
was no unlawful aggression – no immediate and unexpected attack on her by her batterer-husband
at the time she killed him. The appellant also failed in proving that the appellant has “Battered
Woman Syndrome” and does not constitute in self-defense.
2. No, there is treachery when one commits any of the crimes against persons by employing
means, methods or forms in the execution thereof without risk to oneself arising from the defense
that the offended party might make. In this case, however it was not conclusively shown that the
appellant intentionally chose a specific means to successfully attack her husband without any risk
to herself from any retaliatory act that her husband might make. To the contrary, it appears that
she only thought to use a gun about the same moment she decided to kill her husband. Since there
is an absence of any convincing proof that she consciously and deliberately employed the method
by which she committed the crime in order to ensure its execution, the doubt should be resolved
in her favor.

The Court held that the conviction of Appellant Marivic Genosa for parricide is
hereby AFFIRMED. However, there being two (2) mitigating circumstances and no aggravating
circumstance attending her commission of the offense, her penalty is REDUCED to six (6) years
and one (1) day of prision mayor as minimum; to 14 years, 8 months and 1 day of reclusion
temporal as maximum.